Total Articles: 19
Jackson Lewis P.C. • June 06, 2019
In a landmark ruling, the Vermont Supreme Court recently held that a patient had standing to sue both the hospital at which she was a patient and the employee who attended to her, for negligent disclosure of her personal health information to a third-party. Neither the Health Insurance Portability and Accountability Act (HIPAA) nor Vermont law provide for a private cause of action for damages arising from a medical provider’s disclosure of information obtained during treatment.
Jackson Lewis P.C. • June 28, 2018
Vermont’s “An act relating to the prevention of sexual harassment” makes numerous changes to state law related to sexual harassment. The act provides expansive protections for both current and prospective employees and creates new restrictions and obligations for employers. The changes go into effect on July 1, 2018.
Jackson Lewis P.C. • June 24, 2018
Vermont’s recreational marijuana law, which goes into effect on July 1, 2018, lifts penalties for individuals possessing limited amounts of marijuana. However, the new law does not require employers to tolerate marijuana possession or use in the workplace. Further, employers may continue to test for marijuana, though any adverse employment actions must be considered carefully for the risk of disability discrimination claims.
Jackson Lewis P.C. • June 20, 2018
Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers). On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of the changes to Vermont’s marijuana laws, and summarizes existing employment laws relating to drug testing in the workplace.
Jackson Lewis P.C. • June 10, 2018
The categories of individuals protected under Vermont’s anti-discrimination statute (21 V.S.A. §495) has been expanded to include crime victims.
Ogletree Deakins • May 20, 2018
Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries.
Littler Mendelson, P.C. • May 15, 2018
On May 11, 2018, Vermont Governor Phil Scott signed legislation restricting employers from making salary history inquiries. The new law, H. 294, effective July 1, 2018, prohibits asking a prospective, current, or former employee about or seeking information regarding his or her compensation history. For these purposes, compensation includes base compensation, bonuses, benefits, fringe benefits, and equity-based compensation. Under the new law, employers are also prohibited from requiring that a prospective employee’s current or past compensation satisfy minimum or maximum criteria for employment. If an employer discovers a prospective employee’s salary history, the employer may not determine whether to interview the prospective employee based on this information.
Jackson Lewis P.C. • May 15, 2018
Beginning July 1, 2018, employers in Vermont will be prohibited from requiring a prospective employee to disclose his or her salary and benefit history under legislation (H.B. 294) signed by Governor Phil Scott on May 11, 2018.
Jackson Lewis P.C. • January 26, 2018
Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on July 1, 2018.
Jackson Lewis P.C. • July 06, 2017
The law prohibits an employer from requesting “criminal history record information,” including arrests, convictions, or sentences, on the initial employment application form, unless the individual is applying for a position for which state or federal law creates a mandatory or presumptive disqualification for employment, based on convictions for certain offenses, or the employer is subject to an obligation imposed by state or federal law not to employ an individual convicted of certain offenses.
Ogletree Deakins • March 14, 2017
My unabashed love affair with the state of Vermont has been around for quite a while. Maple syrup, Phish, innovative ice cream, beautiful scenery, and a statewide ban on interstate billboards—what’s not to love? Another interesting feature about the Green Mountain State: Vermont prides itself on being extraordinarily restrictive on employers that wish to drug test their employees.
Ogletree Deakins • May 12, 2016
On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an individual’s criminal history record on an initial employment application. The law does, however, allow an employer to inquire about an applicant’s criminal history record (i) during a job interview or (ii) once the applicant has been deemed otherwise qualified for the position.
Littler Mendelson, P.C. • May 10, 2016
On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory provisions on “unlawful employment practices.” Vermont’s new law continues the nationwide “ban-the-box” trend and follows closely on the heels of similar legislation enacted in other jurisdictions, including Austin, Texas, Portland, Oregon, and New York City.1
Jackson Lewis P.C. • May 08, 2016
Vermont Governor Peter Shumlin has made the Green Mountain State the most recent state in the nation to implement statewide “ban the box” legislation. Connecticut may soon follow, once Governor Dannel Malloy has sign legislation passed by the state legislature on May 4, 2016.
Littler Mendelson, P.C. • March 24, 2016
On March 9, 2016, Vermont Governor Peter Shumlin signed House Bill 187 into law, making Vermont the third state in New England and the fifth state in the United States – after California, Connecticut, Massachusetts, and Oregon – to enact a state-wide paid sick leave law. Beginning on January 1, 2017, Vermont employers must allow employees to accrue and use at least 24 hours (or three days) of earned sick time in a 12-month period. Beginning January 1, 2019, employers must allow employees to accrue and use at least 40 hours (or five days) of earned sick time in a 12-month period.
Ogletree Deakins • March 16, 2016
On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other states’ paid sick leave laws, but has its own unique features. Here are the key aspects of the Vermont law:
Jackson Lewis P.C. • March 03, 2016
If you were to ask most employers whether reporting is a core function of employee benefit plan administration, they would likely say yes, particularly as many are currently in the middle of completing IRS Forms 1094-C and 1095-C. On top of the numerous reporting requirements for group health plans imposed by IRS and other federal agencies, a number of states, including Vermont, have enacted laws that add a layer of state reporting obligations for plans, including self-funded group health plans. In what is clearly welcome news for employers and plan sponsors, this added state law burden has been lessened by yesterday’s Supreme Court decision in Gobeille v. Liberty Mutual Ins. Co., No. 14-181.
Jackson Lewis P.C. • February 23, 2016
Vermont is close to becoming the fifth state, after Connecticut, California, Massachusetts, and Oregon, to mandate that employers provide their employees sick leave benefits.
Goldberg Segalla LLP • September 18, 2015
The United States Department of Labor has signed a three-year Memorandum of Understanding (MOU) with the Vermont Department of Labor that is designed to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. According to the agreement, the agencies are attempting to more effectively and efficiently communicate and cooperate on areas of common interest, including sharing training materials and information, providing employers and employees with compliance assistance information, and conducting coordinated investigations. The goal of the agreement is to protect wages, retirement income, equal employment opportunity, and to ensure a level playing field for law-abiding businesses and proper compliance with applicable tax laws.